Lippett v. Hopkins
U.S. Circuit Court for the District of Rhode Island
Ejectment for a tract of land lying in Scituate, in Rhode Island. The defendants [Timothy Hopkins and others], as to ninety acres, parcel of the premises described in the declaration, pleaded in bar the statute of limitations of Rhode Island, which provides, that twenty years’ quiet possession shall “give and make a good and rightful title,” &c. And as to the residue of the demanded premises, they disclaimed. They also pleaded the general issue “Not guilty,” as to the whole.
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Ejectment for a tract of land lying in Scituate, in Rhode Island. The defendants [Timothy Hopkins and others], as to ninety acres, parcel of the premises described in the declaration, pleaded in bar the statute of limitations of Rhode Island, which provides, that twenty years’ quiet possession shall “give and make a good and rightful title,” &c. And as to the residue of the demanded premises, they disclaimed. They also pleaded the general issue “Not guilty,” as to the whole. The plaintiff, in his replication, set out the proviso of the statute, allowing ten years to any remainder-man, &c.,…
1Opinion of the Court
STORY, Circuit Justice.
This is an action of ejectment brought to recover a lot of land *568situate at High Plain so called. The plaintiff claims as heir at law at the common law. The controversy has chiefly turned upon the construction of a devise in the will of Moses Lippett, the grand-father of the' plaintiff, and without a particular examination of the pleadings, 1 shall at present confine myself to that consideration. The case is in short this. The testator made his will on the 20th of June, 1744, which was duly proved and allowed by the court of probate on the 24th of January, 1745. In that…
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